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sections 503 and 1114(e)(2) because such Post-Petition Blaclc Lung <br />Benefits are not "retirse benefits" within the aeaning o! section <br />1114 (a) inasmuch as: (1) they are not paid pursuant to the 1:ype <br />of plan, fund, or program intended by Congress when it anact:ed <br />section 1114; and (2) the Post-Petition Slack Lung 8enelit <br />Beneficiaries are not "retired employees" of CFiI. <br />1-. TL• goat-Petitioa Dlaek Lnnq seaefits rare sot paid <br />pursuant to t'be tpp• of plan, load, or program intended <br />by Congress rLaa it enacted •setion 1114. <br />section 1114 (a) requires that payments to retired employees <br />or their spouses or dependents be made under *any plan, fund, or <br />program maintained or established in whole or in part Jby <br />the debtor. ." 11 U.S.C. ; 1114(e). However, this prov.tsion <br />applies only to plans, funds, or programs under which the debtor <br />is contractually obligated to perform, not to statutorily imposed <br />obligations. Therefore, the Trust Fund, which the DOL arquef: <br />CFaI is statutorily obligated to maintain, is not the type oi' <br />"fund, plnn, or program" that is covered by section 1114(a). <br />(1) <br />4~cfc <br />The plain language and the general frasevork of section 1114 <br />prohibit a debtor-employer during the pendency of a bankruptcy <br />case from unilaterally terminating or aoditylnq retiree banef.ita: <br />it is obligated to pay to itc retired employees and their spoisses <br />and dependents. Specifically, section 1114(e)(1) requires that <br />a debtor "shall timely pay and shall not Bodily " the <br />22 <br />